M.Sekaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA M.Sekaran

...Petitioner

Vs

1. The Commissioner The Land Administrative Commissioner Office Chepauk, Chennai

2. The District Collector District Collector Office,

3. The District Officer

4. The District Revenue Officer 1/6

5. The Revenue Officer South Madras Zone, Guindy, Chennai - 600 032

6. The Tahsildar Velachery Taluk, Velachery, Chennai - 600 042

7. The Tahsildar Cholinganallur Taluk, Cholinganallur, Chennai

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent to consider the petitioner's appeal dated 03.11.2023 and pass appropriate order pertaining to grant of patta No.3949 in survey No. 317/1, Plot No.127 as total extent of 2400 sq.ft, Bhuvaneswari Nagar LPDM/DTP No. 16/1973 at Velchery Village, Velachery, Chennai. For Petitioner :

Mr.K.Natarajan For Respondents :

Mr.A.Selvendran Special Government Pleader 2/6

ORDER

Challenging the rejection of his request for grant of patta, the petitioner had filed an appeal before the 4th respondent on 03.11.2023. However, the said appeal has been taken up for hearing even though a year has passed and therefore, the petitioner has knocked the doors of this Court.

2. The petitioner's contention is that he had obtained a decree in his favour in the suit O.S.No.4138 of 2016 before the City Civil Court, Chennai on 19.02.2018. On the basis of the said decree, he had made a representation to the 6th respondent to grant a patta in his favour. The 6th respondent, according to the petitioner, had not conducted a proper investigation and had proceeded to reject the request and the appeal was immediately filed before the 2nd respondent.

3. Heard the learned counsels on either side. 3/6

4. Taking into consideration the fact that the appeal has been pending for disposal since 03.11.2023, it is clear that the 4th respondent, who is the statutory authority, has failed to perform the duty cast upon him. Therefore, a mandamus is issued to the 4th respondent to dispose of the appeal filed by the petitioner on merits and in accordance with law, after affording him an opportunity of hearing, within a period of 12 weeks from the date of receipt of a copy of this order. No costs. 22.11.2024 Index: Yes/No Speaking order/non-speaking order srn To,

1. The Commissioner The Land Administrative Commissioner Office Chepauk, Chennai

2. The District Collector District Collector Office,

3. The District Officer 4/6

4. The District Revenue Officer

5. The Revenue Officer South Madras Zone, Guindy, Chennai - 600 032

6. The Tahsildar Velachery Taluk, Velachery, Chennai - 600 042

7. The Tahsildar Cholinganallur Taluk, Cholinganallur, Chennai 5/6

P.T.ASHA, J., srn 22.11.2024 6/6